HKALPO's Kim J McCoy talks about changing Hong-Kong's laws to improve the lives of animals.

Photographs courtesy of Hong Kong Animal Law and Protection Organisation ©

Introduction:

Through running All Creatures Great and Small, I have had the pleasure of being able to connect with other, likeminded, individuals who are working hard all around the world to make the world a better place for animals. One of those people is Kim J McCoy. Kim is the Founder of the Hong Kong Animal Law and Protection Organisation (‘HKALPO’) and a practising Barrister in Hong-Kong and New Zealand. Having seen that Hong-Kong’s animals lacked a voice, Kim took it upon himself to give a voice to the voiceless by establishing HKALPO. HKALPO aims to encourage legislative change to better the lives of animals in Hong-Kong, as well as to reduce, and ultimately prevent the illegal trafficking of wildlife through the country. The organisation hopes that it will be able to educate a nation on how important it is that we protect the animals around us and that this will then foster a sense of responsibility which will translate into a desire for legislative change.

Kim kindly took some time to do an interview with me and has shared an insight into what fostered his love of animals and desire to make the world a better place for them, as well as how HKALPO is striving to make serious change to legislation impacting animals in Hong-Kong. Kim, I would like to personally thank you for taking the time to answer my questions and for the work you are doing at HKALPO, it is invaluable and I look forward to working with you more in the future!

Kim's take on all things animals heroes, changing the law and being a voice for Hong-Kong's animals:

How did the HKALPO come in to being and what is your mission? 

As a practising barrister in Hong Kong, I realised that although we had a large number of lawyers, and a variety of legal groups that focused their attention on different social areas, there was a distinct absence of any organisation that concentrated predominantly on animals. I spoke to Professor Amanda Whitfort (barrister and lecturer at Hong Kong University) as well as a few other professionals who were involved in animal welfare in Hong Kong to gauge whether such an organisation was (i) needed here in Hong Kong and (ii) actually able to make a difference to the welfare and lives of animals. After receiving overwhelming positivity and support, the Hong Kong Animal Law and Protection Organisation (“HKALPO”) was created. 

 HKALPO seeks to promote and interest in animal law as well as ensuring the rights of animals are being protected through the following means: 

• Advocate and secure legislative reform of animal related laws by written and oral submissions to the Hong Kong Government;

• Undertake comparative research with overseas jurisdictions to contrast and compare whether the current laws in Hong Kong provide adequate protection to animals;

• Create a pool of legal professionals who would assist with the prosecution of animal cruelty and other animal related offending;

• Improve public awareness of animal law through public lectures, seminars and outreach efforts;

• Promote academic exploration in the field of animal law in Hong Kong educational institutions.

What inspired you to get involved with trying to advocate for animals? 

I have always loved animals and having lived with pets on a farm in New Zealand all my life (cats, dogs, rabbits, sheep, peacocks, etc), animals have become a huge part of who I am. 

I went to law school and instantly found an attraction to criminal law. Criminal law focused on the rights and liberties of people, compared to other areas of law, where it may be driven more by commercial or pecuniary outcomes. When I eventually qualified as a barrister, I knew I wanted to focus on criminal law, as it was a practical way for me to make a difference in people’s lives. The law should always ensure the rights of those subject to them are properly protected, and as a criminal barrister, I was able to test the system to ensure that justice was done. I soon realised that it wasn’t only people that should benefit from the safety of the law, but so too animals. Animals are in such a vulnerable position and since they have no voice for their own, so they rely on people to fight for their rights.

What has been the most alarming information you have learnt about through your work with HKALPO? 

Two main things have really stood out in relation to animals: 

• The illegal wildlife trade generally, but more specifically what comes through Hong Kong, is such a massive operation and needs to be stopped. The sheer number of animals (both dead, alive and parts) that come through Hong Kong as an international port is astronomical, yet given how lucrative it is and how toothless the punishments are, the trade will undoubtedly continue until changes are made to the legislation – not only in terms of punishment but also the powers for those investigating wildlife crime. Although stopping the mules that bring in the animals is important, there is more reward in stopping the organisation at the top and at the source.

• There are so many problems with the legislation in Hong Kong relating to animals. At face value, Hong Kong seems to be very proactive and stringent when it comes to legislative protection for animals. But the protections are often superficial, and after dissection of what they actually stand for and what they actually do, you very quickly see that it is far from adequate. The HKALPO will be scrutinising the “workability” of some of the laws and pushing for legislative reform.

What is HK doing well in terms of animal rights and animal law? 

Legislative reform and change is never accomplished overnight. It takes a lot of time and effort by a whole range of different people, including the Hong Kong Government being receptive to the change. There have been gradual increases and positive changes to legislation here in Hong Kong as a result of a lot of hard work by committed animal welfare professionals, but there is always more to do. Many animal welfare groups and individuals are now becoming more conscious in relation to the plight of animals and through this increased awareness, the hard work championed by the pioneers can hopefully be supported by more members of the public of Hong Kong too.

What could HK be doing better or doing more of to protect the rights of animals and to increase better legal protection? 

Hong Kong has a large population for its size and I believe that a large proportion of the citizens do feel a genuine compassion towards animals. But it is raising awareness in relation to animals that needs to be improved. Pangolins are still killed and trafficked for their scales, as they are said to have medicinal properties. Sharks have their fins removed in order to be cooked into soup for banquets. Pets are still being treated with cruelty and disrespect. If members of the Hong Kong community can be made to understand the battles and turmoils animals go through each and every day, it is hoped it will result in more proactive support for animal welfare and positive legislative reform.

What are you working on currently in terms of advocacy for animals? 

Our featured projects are listed on the HKALPO website, and others are being finalised currently. Many of these projects involve possible changes to the legislative regime, which require comparative research and analysis to be conducted first. Once these are finalised, they can then be translated into more robust and oral submissions to the representatives of the Hong Kong Government. Unfortunately for the animals, change does not just happen overnight and it really takes a collective effort from all members and supporters of HKALPO to reach our collective goal.

Which jurisdictions do you think HK could learn from in relation to animal law reform and enforcement of laws impacting animals? 

I think most jurisdictions has their issues when it comes to animal welfare and law reform. I’d love for there to be a “model” country where the laws are exactly what is necessary to ensure animals are well protected, but this is unfortunately not the case. The world is constantly evolving and so too are the standards and levels of protection we expect animals to have. Different countries face a wide variety of different issues, often not overlapping and quite distinct from each other. In Hong Kong, the number of households that have companion animals such as cats, dogs and rabbits are significantly fewer than those in Australia,  New Zealand. and USA However, in those countries, farming and livestock animals are an essential part of their economy, compared to Hong Kong which relies heavily on imported goods. The most valuable lesson any jurisdiction can learn when it comes to animal law reform and enforcement is to always strive for improvement, and to hold the Government accountable when the law does not do enough. Comparative analysis into the legislation of different countries is a valuable tool to see just whether the laws in your local jurisdiction are sufficient. If you consider there are opportunities for positive change, that is when you should begin the process of advocating for law reform.

Is the HK Government supportive of you mission to encourage law reform and greater enforcement to protect animals?

The Hong Kong Government works tirelessly to ensure the HKSAR runs as effectively and smoothly as possible, but good things always take time. With animal law and reform, I believe the Hong Kong Government would be receptive, if it is backed by well researched and analysed propositions, and supported by the community of Hong Kong. Also, if there are different people and organisations singing from the same hymn sheet, the collective sound is more likely to be heard. This is why I have considered knowledge and understanding of the different problems and issues animals face to be so critical to success.

How can people get involved with the work the HKALPO does? 

HKALPO is in its infancy, but a lot of hard work has been done in terms of animal welfare and legislative reform here in Hong Kong. The best way to get involved is to sign up as a member of HKALPO on the website (www.hkalpo.com). We also have all the usual social media platforms (Twitter, Instagram, Facebook and LinkedIn). As we start moving towards working on the featured projects, as well as adding to the list, we will be calling upon members and like-minded

individuals to assist in different ways - be it in research or other roles. HKALPO also needs other members to volunteer their time to managing different areas of the organisation. This is why creating a positive online presence for HKALPO has been so important and I hope our membership and community continues to grow.

Who are your animal rights heroes? 

I have always admired Dame Jane Goodall and the years of incredible work she has done with primates, as well as starting the Jane Goodall Institute. 

Sir David Attenborough made me fall in love with animals and the world we live in. I would happily listen to him talk about animals for days on end.

Also. Dr Lek Chalet, who has advocated for the rights and welfare of Asian Elephants in Thailand as well as founding the Save Elephant Foundation for over 20 years.

Finally, and a bit closer to home, Prof Amanda Whitfort and Dr. Fiona Woodhouse. Their passion and commitment to animals here in Hong Kong has been instrumental to the welfare of animals here. They have tirelessly advocated for animals and are a true inspiration for anyone wanting to enter into the world of animal law welfare.

If you could change one law relating to animals in HK what would it be? 

I think one of the most valuable changes that is to be made, and will become law in the near future is that pet owners in Hong Kong will have a duty of care under new amendments to the animal cruelty laws. Owners or those with responsibilities for animals will be required to ensure that they are kept in good shape and heath, and provided with clean water and a balanced diet. It would also require owners to seek medical help for sick pets, vaccinate them, and meet their “behavioural needs’ such as letting them exercise and play regularly. Any abandonment of animals would also be considered a breach of the duty of care. I think this law change will prove to be extremely valuable to the welfare of animals here in Hong Kong, and hold owners accountable for their actions. There are also far wider implications as the duty may extend to those research facilities and other areas which have a close and intimate tie to animals. Animals are not just toys and a decision to raise and keep a pet is not one that should be made without first considering whether you are prepared to look after a living creature for years to come. I hope the introduction of a duty of care will cement the obligation people have to animals. 

Is there anything that I haven't covered which you would like to talk about or to get out to the readers of All Creatures Great and Small

We share this world with animals and animals have every right to be treated as equals. The law should protect the vulnerable, the weak and especially those who cannot speak for themselves. Just understanding and raising awareness of the problems and issues animals face is an important and often overlooked step. The work that animal welfare groups and individuals, such as Riley from All Creatures Great and Small, makes the world of difference and it is so encouraging to see there are people all around the world with the same mission, to ensure animals are sufficiently protected by the law.   

Thank you again Kim for your time!